Features of registration in private housing construction


Registration

Registration in a private house (propiska) reflects the legal attachment of a citizen to a specific place of residence. Territorial affiliation will become a necessity for official employment and other legal actions.

The opinion that registration is equated with obtaining Russian citizenship is incorrect. In fact, this is one of the main requirements on the way to the desired goal.

The legal nature of the procedure does not entail the emergence of the owner’s rights to the house.

In modern society, failure to register can be the subject of an offense and penalties from government agencies. Having a residence permit makes it possible to acquire a “special” status that allows you to enjoy social benefits and privileges.

The stamp in the passport about the place of residence provides:

  • the right to choose a general education (preschool) institution within the boundaries of a certain administrative-territorial district;
  • assignment of social benefits;
  • free medical care at a local health care facility;
  • service at the tax office of the relevant region (receipt of certificates);
  • the opportunity to participate in the privatization procedure for a municipally owned property;
  • the right to register loved ones, a minor child.

Rights of a person registered in a private house

We will start with a story about what rights registration in a private house gives. According to the legislation of the Russian Federation, registration - whether permanent or temporary - is of a notification nature. That is, a person voluntarily informs the relevant authorities (FMS) about the place where he lives or is located. At the same time, when a citizen stays for a long time in a place other than where he is registered, he may be fined.

Registration gives the right to use the services of state educational and medical institutions assigned to the relevant region.

People often confuse the concepts of registration and property.

It should be remembered that if you are not the actual owner, but you are registered in a private house owned by another citizen, you will not become the owner of this home. If the house is in municipal ownership, then all persons registered in it on a permanent basis have the right to part of the area during privatization, if its implementation is permissible by law.

Now we will talk about what is needed for registration in a private house (both old and new).

Permanent registration

The current legislation of Russia regulates several types of registration in a private house, among which “permanent” occupies a special place.

This type of registration is characterized by the preparation of the necessary documents at the place of residence. We are talking about living space used by a citizen to carry out household activities and spend most of his free time.

Such places include:

1) apartment, house;

2) hostel;

3) shelter;

4) special purpose institutions (boarding school, nursing home).

The criterion of having private property is not so important. Let's assume the option of rented office space for housing. Permanent registration in a municipal building allows the resident to claim part of the property in the event of privatization.

The procedure for carrying out this procedure requires an extract from the previous place of residence. A change of permanent housing for men is a reason to register with the military registration and enlistment office at a new address. Foreigners will have to pay for government services.

The validity period is unlimited. The deadline for organizing documents is 7 calendar days.

What documents are needed for registration in a house?

The list of documents for registration in a private house was approved by clause 49 of the Administrative Regulations. It includes:

  • identification document;
  • a document on the right to use housing: a lease agreement, an extract from the Unified State Register of Real Estate, documents on kinship for family members;
  • written consent from the owners/co-owners;
  • birth certificate for citizens under 14 years of age and passports of parents/adoptive parents;
  • act of the guardianship authority on the appointment of a guardian/trustee for persons under guardianship and trusteeship.

Important!

The applicant has the right not to submit documents on the right to living space if the state authorities have information about it, but the waiting period will increase.

Temporary registration

When deciding to register temporarily, the term “residence” is replaced by “stay”. These are places of special purpose: motel, hotel complex, hospital, tourist base. It is possible that you have residential status, but the duration of your stay is not permanent.

Personal circumstances dictate that a person deliberately perform a legal procedure for temporary registration for a specific period of time. The maximum period of stay is 5 years.

Resolutions and orders of the Government of the Russian Federation regulate the provision of 90 days, during which a person may not obtain temporary registration at his location. The term can be shortened if desired.

The peculiarity of this type is the preservation of permanent registration.

Comparative characteristics

Permanent Temporary

Identity

1. Type of registration accounting.

2. Possibility of simultaneous existence.

3. Application of an administrative fine for non-compliance with the migration order.

4. Lack of payment for government services.

Differences

1. Indefiniteness.

2. Withdrawal is carried out by submitting an application in the established form.

3. Looks like a mark (informational stamp) in a passport. 1. Temporary nature.

2. Automatic termination mechanism.

3. Obtaining a separate document (certificate).

Documentation

Depending on the type of registration, the list of required documents will be slightly different. To register permanently you will need:

  • a written application in the prescribed form;
  • official paper for house construction (technical passport, ownership, commissioning certificate);
  • passport (foreign passport - for a foreign person), for a newborn - a certificate;
  • house book, extracts about registered individuals.

The following list will help you register temporarily:

  • completed application form;
  • identification document of the applicant;
  • agreement confirming the lease relationship;
  • the will of the owner of the property to register the tenant;
  • direction (for temporary registration).

The application must be submitted in writing. The text should disclose the following information points:

  1. name of the body carrying out state registration;
  2. information about the applicant;
  3. information about place of residence;
  4. the identity of the property owner.

Errors and edits are not allowed.

Documentation can be delivered in person or sent by post. In this case, notarized copies are required.

Where to contact

A citizen can choose from several options for registration. In 2021, you can make a mark in your passport by contacting:

  • passport office of a housing maintenance organization servicing housing construction;
  • territorial branch of the migration service;
  • Multifunctional center (MFC);
  • Internet to the website of government services.

The procedure does not require payment of a state fee, with the exception of foreign representatives.

The use of additional paid services is optional (filling out documents, notarial acts).

Registration registration through the MFC

Registration in a private home through the MFC is no different from other methods. But it has a number of favorable circumstances:

  • acceptable operating mode;
  • “single window” principle;
  • providing assistance in the form of consultations.

The procedure looks like this:

  1. Collection of documentation.
  2. Contact the Center.
  3. Providing the necessary list of documents.
  4. Examination.

After reviewing the papers, authorized representatives make a decision on registration at the proposed address.

The MFC acts as a “liaison” between the applicant’s identity and the government agency carrying out registration activities.

other methods

Other ways to obtain a registration stamp are:

  • Passport Office;
  • housing department;
  • official request through the Public Services portal.

The State Services website is a convenient option; communication with the registrar is minimal. By submitting a request via online services, the original documentation is submitted in person. The verification will be followed by a registration mark.

In what cases can registration be refused?

There are situations in which registration in a private home may be denied. This can happen if the house has not yet been completed and put into operation. You also cannot register in a house built on land of a different category. Registration may stop if a person does not have documents confirming ownership rights to the object of registration and permission for registration from its owners.

If a citizen has not submitted a complete package of documents or there are problems with them themselves, he will also be denied a new place of registration.

Procedure step by step

There is no difference between the procedures for obtaining a seal impression in the Moscow region or another region of the Russian Federation. The mechanism is standard.

When completing registration, you should adhere to an algorithm of actions that allows you to reduce the time spent on the entire process:

1. Receipt of departure paper (in case of permanent registration). Such a document is issued by the passport office at the previous address of residence. The legislator does not say that it is mandatory to obtain it, which will increase the time period for acquiring registration.

2. Collection of documentation. Preparation of the necessary documents requires advance notice. For convenience, the established sample form can be taken from the Internet.

3. Submitting a written application. Within 3 calendar days, the person is notified of further actions.

4. Receipt of papers (insert or stamp in the passport).

The process of obtaining registration is simple. It will take a minimum of effort to carry out the necessary actions, just follow the rules.

Without ownership

Registration without property rights is characterized by the fact that a citizen who is not the owner of the home has limited powers regarding the private property of others. This category of persons does not have the right to take part in the procedure for dividing real estate or alienation.

The only authority is to live on square meters and use things in the house for personal purposes.

Obtaining a residence permit in a private housing development is possible with the permission of the owner, who has the right to deprive the registered person of a mark on the living space without notification. The deregistration procedure is carried out only with the participation of a judicial authority.

A minor child is automatically registered with one of the parents; the approval of the owner of the premises is not necessary. Deregistration will require the knowledge of representatives of the guardianship authorities.

In the country

Registration accounting on dacha land is characterized by a problematic nature. The status of the premises must be residential. This implies the presence of communication systems necessary for normal life support. It is essential to have an act of commissioning a private building located both in the urban area and outside it.

There are three conditions for country registration:

1) building - suitable for habitation throughout the entire calendar year. The fact must be proven in court. A construction examination is carried out to determine the engineering and technical elements of the house (presence of a foundation, communications).

2) the intended purpose of the land plot is gardening. With this type of activity, the construction of buildings is permissible.

3) territorial sign. The dacha plot must belong to a populated area with a certain geographical name.

To date, the practice of litigation is not taken into account in legislation. The procedure for registering at a dacha takes more than one year.

To begin the procedure, you should prepare:

a document establishing ownership of a dacha building or land plot;

technical documentation of the structure (expert opinion on engineering characteristics);

claim (in case of representation - power of attorney).

A positive court ruling guarantees obtaining registration at the dacha.

In unfinished

The possibility of registration in an unfinished house is permissible with the permission of the authorized commission after an actual inspection of the construction site.

The land plot under development should not be an agricultural area.

Otherwise, the structure can be considered as an object for sale, inheritance, etc.

Shared ownership

Registration in part of the house has the right to exist. To make a decision, the layout of the living space, the number of rooms, and entrance doors are taken into account. Otherwise, an agreement between the homeowners is required. Registration without consent is allowed for a child if one of the legal representatives is already registered.

The rules governing legal relations in the field of registration are called the rules of registration in a private house and do not dictate its mandatory presence. Being in society, this can become an obstacle to the exercise of civil rights and freedoms, the cause of controversial situations and attracting attention from law enforcement agencies.

Popular services:

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Registration and ownership

Owners of residential premises are not required to register at the location of the property. Registration at the place of residence and the right to own (dispose of) housing are not related to each other. When a municipal apartment is privatized, registered citizens become its owners. When registering in housing owned by several people, it is necessary to obtain the consent of each owner. The exception is sole ownership of real estate.

Documents for registration of permanent registration in a private house

Registration by location of the house is possible upon submission of:

  • statements;
  • arrival sheet;
  • proof of home ownership;
  • passports of the owner and the registered person;
  • birth certificates (if a minor is registered at the same time as his parents);
  • house book;
  • consent of all owners to register the applicant in a private house.

The application must be filled out legibly using a computer or by hand. Corrections and crossing out are not allowed.

The applicants are:

  • citizens of the Russian Federation (upon reaching 14 years of age);
  • legal representatives of minor children under 14 years of age (parents, guardians, trustees, adoptive parents) or incapacitated persons;

An application for receiving public services for registration at the address of a private house must be addressed to:

  • to the nearest branch of the Main Department of Migration Affairs of the Ministry of Internal Affairs;
  • to the administration;
  • in the MFC;
  • to the government services portal.

Documents for registration of temporary registration in a private house

To obtain urgent registration you must provide:

  • applicant's passport;
  • birth certificate (if the child is temporarily registered);
  • a document confirming the powers of the legal representative (an act or decision of the guardianship authorities);
  • house register (extract from the house register);
  • consent of the owner and participants in shared ownership for the temporary residence of the applicant;
  • documents confirming ownership of a residential building and land plot;
  • passport of the owner of a residential building;
  • arrival slip;
  • application in the prescribed form.

An application for temporary registration with the necessary documents can be submitted:

  • in person by contacting the migration department;
  • through the State Services portal by filling out an electronic application form;
  • through the multifunctional center.

Citizens of the Russian Federation who have reached 14 years of age, as well as legal representatives of children and incapacitated citizens (parents, adoptive parents, trustees, guardians) have the right to apply for temporary registration.

Documents for registration at the dacha

Registration of individuals at the location of their dacha is permitted by Federal Law No. 66-FZ of April 15, 1998. Also, registration of individuals is allowed on the territory of SNT (definition of the Constitutional Court No. 7-P dated April 14, 2008).

A dacha can be considered a residential building if it meets the requirements of Decree of the Government of the Russian Federation dated January 28, 2006 No. 47.

You may also be interested in the procedure for obtaining ownership of a house under the dacha amnesty.

Registration at the location of the dacha is carried out if:

  • in proper order, the dacha is recognized as suitable for living and complies with sanitary standards;
  • the dacha and land belong to the registered person or a member of his family;
  • the land with the dacha is located within the boundaries of the settlement;
  • the house is provided with engineering systems and can be used for year-round living;
  • the dacha is the only place of residence.

To establish a dacha as a residential premises, a special commission is created, or a forensic construction examination is carried out (if established in court).

To register at the dacha you must provide:

  • a document confirming that the dacha is a residential premises (conclusion of the interdepartmental commission, court decision);
  • technical certificate;
  • documents confirming ownership of the house and land;
  • Russian passport of the applicant;
  • a judicial act recognizing the house as residential, establishing the right of residence and registration on the dacha plot;
  • certificate of marriage and birth of children (for registration of family members).

Registration in a house with shared ownership

It is possible to register a citizen in a house owned by shared ownership by several persons only with their consent.

Registration in an unfinished house

An unfinished house cannot meet the conditions for recognizing it as a residential premises in accordance with Art. 15 of the Housing Code of the Russian Federation, since the necessary conditions are not met:

  • may not have doors or windows;
  • not equipped with utility systems;
  • no address assigned;
  • not put into operation.

Since registration rules only allow registration in residential premises, registration in unfinished premises is not possible.

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